Dare Babalola
The Federal Capital Territory High Court in Abuja on Tuesday held the Socio-Economic Rights and Accountability Project (SERAP) liable for defaming Nigeria’s Department of State Services (DSS) and two of its operatives.
Justice Yusuf Halilu delivered the judgment in a suit filed by the DSS over allegations that its officers unlawfully invaded SERAP’s Abuja office in September 2024.
The secret police had dragged SERAP to court in October 2024, alongside two operatives, Sarah John and Gabriel Ogundele, who claimed the organisation’s statements damaged their reputation. The agency had sought N5 billion in damages.
Delivering judgment, Justice Halilu held that SERAP’s publication amounted to libel, noting that defamation becomes actionable where a false statement is published and causes reputational harm.
“The court finds that libel is actionable once there is a publication that is false and damaging,” he said.
The judge ruled that evidence before the court confirmed that a publication was made, referencing social media posts tendered as exhibits which allegedly described DSS operatives in connection with the incident.
He held that although SERAP did not specifically name the officers, the descriptions used were sufficient to identify them.
“The publication clearly identified the claimants by description, and it cannot be disputed that the words were defamatory,” he ruled.
Justice Halilu said the statements suggested that DSS operatives acted without lawful authority and engaged in harassment, an allegation he said was not proven in court.
He added that such claims were injurious to the professional reputation of the officers and could have far-reaching consequences.
“Once there is publication, and it is shown to be false and damaging, it becomes libellous,” the judge said.
The court also held that the publication may have spread widely on social media and news platforms, potentially affecting the personal and professional wellbeing of the claimants.
Accordingly, the court awarded N100 million in damages against SERAP and ordered the organisation to publish a formal apology in national newspapers and on television stations.
The DSS had maintained that its operatives did not invade SERAP’s office or harass its staff, a position supported by the testimonies of the two officers involved.
SERAP, however, insisted during the trial that DSS operatives visited its Abuja office following its correspondence with President Bola Tinubu on alleged corruption in the Nigerian National Petroleum Company Limited and fuel price increases.
The case has now been concluded with the court ruling in favour of the security agency and its officials.
